NCAA Wins Motions in Antitrust Litigation

On January 3, 2018, Judge Nathanael M. Cousins denied the class of former NCAA student-athlete’s motion to reopen discovery in the NCAA antitrust litigation. The litigation began in March 2014, when former student-athletes claimed that the NCAA violated antitrust laws by capping scholarship awards below the actual cost of college attendance.

The former student-athletes wanted to reopen discovery to gain access to a public opinion survey conducted by the NCAA, which according to the players said that 79 percent of Americans believe that big universities …

February 14, 2017 Labor & Employment

NLRB Opens its Doors to Protect College Football Players as Employees

On January 31, 2017, the general counsel of the National Labor Relations Board (NLRB or Board) released a memo which stated it believed football players at private colleges qualify as employees. The Board declined to answer this question in 2015 when they dismissed a unionization effort by players at Northwestern University, citing concerns of instability if such a decision was rendered that only pertained to private universities. However, a recent decision by the NLRB that found in favor of graduate teaching assistants challenging their status …

May 20, 2016 NCAA

Student-Athlete Pay Cap Claims Return, NCAA Seeks Shelter Under O’Bannon Ruling

The NCAA is seeking to remove multidistrict litigation antitrust claims relating to the organization’s rules regarding student-athlete compensation. Currently, the NCAA maintains that college athletics is a form of competitive amateurism. The NCAA’s unwillingness to pay student-athletes compensation beyond the cost of attendance is based in the belief that college sports are hobbies played by amateur athletes. On Monday, May 18, 2016, the NCAA claimed that the issue of student-athlete compensation has already been litigated in the O’Bannon case ruling (2015).

Previously, in a …

November 2, 2015 NCAA

Objector’s Attorneys Continue to Get Pummeled with Motions for Sanctions

On Wednesday October 28, 2015, a group of former-collegiate athletes filed a motion for sanctions against the attorneys representing objecting class members in their own lawsuit. This comes as the latest in a long and well-publicized class action suit brought by the former athletes against the NCAA and Electronic Arts, Inc., for violations relating to the use of their likeness and images in video games.

Filed with the Ninth Circuit, this motion for sanctions comes in response to what the plaintiffs believe is nothing more …

October 19, 2015 General

Third Circuit Will Revisit New Jersey Sports Betting Decision

On Wednesday, October 14, 2015, the U.S. Court of Appeals for the Third Circuit granted New Jersey’s request to revisit its decision to disallow New Jersey from legalizing sports betting.

Last October, New Jersey lifted its prohibition on sports betting in racetracks and casinos. In response, the NFL and NCAA—two sports leagues that oppose sports betting—sought an injunction to stop New Jersey. The district court granted the injunction and subsequently found that repealing the prohibition violated the Professional and Amateur Sports Protection Act of 1992. …

September 10, 2015 Antitrust / NCAA

The NCAA Continues Opposition of Class Certification in Scholarship Antitrust Actions

On Tuesday September 8, 2015, the NCAA continued its opposition of class certification in a multidistrict antitrust litigation, which seeks to reduce NCAA restrictions on scholarship caps for Bowl Subdivision D-1 football players and for men’s and women’s basketball teams. The lawsuits, filed on behalf of past and current NCAA athletes, also aim to reduce restrictions on what schools can offer their players—like compensation, for example.

The plaintiff’s initial filing seeking class certification came in April 2015. For the individual cases to be certified, …

August 18, 2015 NCAA

NLRB Ends Northwestern Football Players’ Attempt at Unionization

A unanimous decision by the National Labor Relations Board on Monday ended the Northwestern University scholarship football players’ bid to unionize without addressing the key issue that has plagued collegiate athletics for so many years: whether college athletes are employees and entitled to such compensation.

The case was brought before the five-member board for review after an NLRB regional director found that the football players who put in “more hours than ‘many undisputed full-time employees’ work” are employees and thus can unionize. According to the …

July 30, 2015 Litigation / NCAA

An Uphill Battle: NCAA Embroiled In Federal Litigation On Multiple Fronts

The NCAA is under fire, defending cases in both the Northern District of California and the Ninth Circuit.

The California proceedings are now focused on attorneys’ fees – specifically, whether or not the NCAA has to pay them. Earlier this month, U.S. Magistrate Judge Nathanael Cousins, in an opinion that referenced the popular television series “Game of Thrones,” awarded Plaintiff Ed O’Bannon $46 million in attorneys’ fees. The NCAA opposed the award, claiming that O’Bannon’s legal team – which is comprised of over 30 …

July 23, 2015 Litigation / NCAA

Hold Everything: NCAA Seeks To Stay Deferred Payments to Players

On Friday, July 17, the NCAA asked the 9th Circuit Court of Appeals to pause an injunction that allows college athletes to receive deferred compensation for the use of their names, images, and likenesses. Under the injunction, the NCAA must allow for schools to pay football and men’s basketball players up to the federally defined cost of attendance, plus $5,000 per year for use of their names and likenesses, starting on August 1.

The NCAA immediately appealed Judge Claudia Wilken’s ruling, and oral arguments were …

July 15, 2015 NCAA

Breaking The Bank: Plaintiff Attorneys In NCAA Class Action Lawsuit Awarded $46 Million In Fees

On Monday, a judge ordered that the NCAA pay plaintiffs’ attorneys’ in a class action suit initiated in 2009. The suit was brought by Ed O’Bannon and 19 others, and the payment will total $44.4 million in fees plus $1.5 million in costs.

In arguing against the award, the NCAA’s attorneys likened the situation to the book “A Tale of Two Cities” by Charles Dickens, claiming this was “a tale of two lawsuits,” as the lawsuit underwent significant changes in 2012.

In response to the …